Adds to existing law to provide for Idaho's participation in the dietitian licensure compact.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1284 BY COMMERCE AND HUMAN RESOURCES COMMITTEE AN ACT1 RELATING TO DIETITIANS; AMENDING CHAPTER 35, TITLE 54, IDAHO CODE, BY THE AD-2 DITION OF A NEW SECTION 54-3508A, IDAHO CODE, TO PROVIDE FOR THE DIETI-3 TIAN LICENSURE COMPACT; AND DECLARING AN EMERGENCY AND PROVIDING AN EF-4 FECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Chapter 35, Title 54, Idaho Code, be, and the same is7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-8 ignated as Section 54-3508A, Idaho Code, and to read as follows:9 54-3508A. DIETITIAN LICENSURE COMPACT. The interstate dietitian li-10 censure compact is enacted and entered into law with all other jurisdictions11 joining in the compact in the form substantially as follows:12 DIETITIAN LICENSURE COMPACT13 SECTION 114 PURPOSE15 The purpose of this compact is to facilitate interstate practice of16 dietetics with the goal of improving public access to dietetics services.17 This compact preserves the regulatory authority of states to protect public18 health and safety through the current system of state licensure while also19 providing for licensure portability through a compact privilege granted to20 qualifying professionals.21 This compact is designed to achieve the following objectives:22 A. Increase public access to dietetics services;23 B. Provide opportunities for interstate practice by licensed dieti-24 tians who meet uniform requirements;25 C. Eliminate the necessity for licenses in multiple states;26 D. Reduce administrative burden on member states and licensees;27 E. Enhance the states' ability to protect the public's health and28 safety;29 F. Encourage the cooperation of member states in regulating multistate30 practice of licensed dietitians;31 G. Support relocating active military members and their spouses;32 H. Enhance the exchange of licensure, investigative, and disciplinary33 information among member states; and34 I. Vest all member states with the authority to hold a licensed dieti-35 tian accountable for meeting all state practice laws in the state in which36 the patient is located at the time care is rendered.37 SECTION 238

2 DEFINITIONS1 As used in this compact, and except as otherwise provided, the following2 definitions shall apply:3 A. "ACEND" means the accreditation council for education in nutrition4 and dietetics or its successor organization.5 B. "Active military member" means any individual with full-time duty6 status in the active armed forces of the United States, including members of7 the national guard and reserve.8 C. "Adverse action" means any administrative, civil, equitable, or9 criminal action permitted by a state's laws that is imposed by a licensing10 authority or other authority against a licensee, including actions against11 an individual's license or compact privilege such as revocation, suspen-12 sion, probation, monitoring of the licensee, limitation on the licensee's13 practice, or any other encumbrance on licensure affecting a licensee's au-14 thorization to practice, including issuance of a cease and desist action.15 D. "Alternative program" means a non-disciplinary monitoring or prac-16 tice remediation process approved by a licensing authority.17 E. "CDR" means the commission on dietetic registration or its successor18 organization.19 F. "Charter member state" means any member state that enacted this com-20 pact by law before the effective date specified in section 12 of this com-21 pact.22 G. "Compact commission" means the government agency whose membership23 consists of all states that have enacted this compact, which is known as the24 dietitian licensure compact commission, as described in section 8 of this25 compact, and which shall operate as an instrumentality of the member states.26 H. "Compact privilege" means a legal authorization, which is equiva-27 lent to a license, permitting the practice of dietetics in a remote state.28 I. "Continuing education" means a requirement, as a condition of li-29 cense renewal, to provide evidence of participation in, and completion of,30 educational and professional activities relevant to practice or area of31 work.32 J. "Current significant investigative information" means:33 1. Investigative information that a licensing authority, after a pre-34 liminary inquiry that includes notification and an opportunity for the35 subject licensee to respond, if required by state law, has reason to be-36 lieve is not groundless and, if proved true, would indicate more than a37 minor infraction; or38 2. Investigative information that indicates that the subject licensee39 represents an immediate threat to public health and safety regardless40 of whether the subject licensee has been notified and had an opportunity41 to respond.42 K. "Data system" means a repository of information about licensees,43 including but not limited to continuing education, examination, licensure,44 investigative, compact privilege, and adverse action information.45 L. "Encumbered license" means a license in which an adverse action re-46 stricts a licensee's ability to practice dietetics.47

3 M. "Encumbrance" means a revocation or suspension of, or any limitation1 on, a licensee's full and unrestricted practice of dietetics by a licensing2 authority.3 N. "Executive committee" means a group of delegates elected or ap-4 pointed to act on behalf of, and within the powers granted to them by, this5 compact and the compact commission.6 O. "Home state" means the member state that is the licensee's primary7 state of residence or that has been designated pursuant to section 6 of this8 compact.9 P. "Investigative information" means information, records, and docu-10 ments received or generated by a licensing authority pursuant to an investi-11 gation.12 Q. "Jurisprudence requirement" means an assessment of an individual's13 knowledge of the state laws and regulations governing the practice of di-14 etetics in such state.15 R. "License" means an authorization from a member state to either:16 1. Engage in the practice of dietetics, including medical nutrition17 therapy; or18 2. Use the title "dietitian," "licensed dietitian," "licensed dieti-19 tian nutritionist," or "certified dietitian" or another title describ-20 ing a substantially similar practitioner as the compact commission may21 further define by rule.22 S. "Licensee" or "licensed dietitian" means an individual who cur-23 rently holds a license and who meets all of the requirements outlined in24 section 4 of this compact.25 T. "Licensing authority" means the board or agency of a state, or equiv-26 alent, that is responsible for the licensing and regulation of the practice27 of dietetics.28 U. "Member state" means a state that has enacted the compact.29 V. "Practice of dietetics" means the synthesis and application of di-30 etetics as defined by state law and regulations, primarily for the provision31 of nutrition care services, including medical nutrition therapy, in person32 or via telehealth, to prevent, manage, or treat diseases or medical condi-33 tions and promote wellness.34 W. "Registered dietitian" means a person who:35 1. Has completed applicable education, experience, examination, and36 recertification requirements approved by CDR;37 2. Is credentialed by CDR as a registered dietitian or a registered di-38 etitian nutritionist; and39 3. Is legally authorized to use the title "registered dietitian" or40 "registered dietitian nutritionist" and the corresponding abbrevia-41 tions "RD" or "RDN."42 X. "Remote state" means a member state other than the home state, where43 a licensee is exercising or seeking to exercise a compact privilege.44 Y. "Rule" means a regulation promulgated by the compact commission that45 has the force of law.46 Z. "Single state license" means a license issued by a member state47 within the issuing state and does not include a compact privilege in any48 other member state.49

4 AA. "State" means any state, commonwealth, district, or territory of1 the United States of America.2 BB. "Unencumbered license" means a license that authorizes a licensee3 to engage in the full and unrestricted practice of dietetics.4 SECTION 35 STATE PARTICIPATION IN THE COMPACT6 A. To participate in the compact, a state must currently:7 1. License and regulate the practice of dietetics; and8 2. Have a mechanism in place for receiving and investigating complaints9 about licensees.10 B. A member state shall:11 1. Participate fully in the commission's data system, including using12 the commission's unique identifier as defined by rule;13 2. Notify the compact commission, in compliance with the terms of the14 compact and rules, of any adverse action or the availability of current15 significant investigative information regarding a licensee;16 3. Implement or utilize procedures for considering the criminal his-17 tory record information of applicants for an initial compact privilege.18 These procedures shall include the submission of fingerprints or other19 biometric-based information by applicants for the purpose of obtain-20 ing an applicant's criminal history record information from the federal21 bureau of investigation and the agency responsible for retaining that22 state's criminal records;23 a. A member state must fully implement a criminal history record24 information requirement, within a time frame established by rule,25 that includes receiving the results of the federal bureau of in-26 vestigation record search and shall use those results in determin-27 ing compact privilege eligibility.28 b. Communication between a member state and the compact commis-29 sion or among member states regarding the verification of eligi-30 bility for a compact privilege shall not include any information31 received from the federal bureau of investigation relating to a32 federal criminal history record information check performed by a33 member state.34 4. Comply with and enforce the rules of the compact commission;35 5. Require an applicant for a compact privilege to obtain or retain a36 license in the licensee's home state and meet the home state's qualifi-37 cations for licensure or renewal of licensure, as well as all other ap-38 plicable state laws; and39 6. Recognize a compact privilege granted to a licensee who meets all40 of the requirements outlined in section 4 of this compact in accordance41 with the terms of the compact and rules.42 C. Member states may set and collect a fee for granting a compact privi-43 lege.44 D. Individuals not residing in a member state shall continue to be able45 to apply for a member state's single state license as provided under the laws46 of each member state. However, the single state license granted to these in-47

5 dividuals shall not be recognized as granting a compact privilege to engage1 in the practice of dietetics in any other member state.2 E. Nothing in this compact shall affect the requirements established by3 a member state for the issuance of a single state license.4 F. At no point shall the compact commission have the power to define the5 requirements for the issuance of a single state license to practice dietet-6 ics. The member states shall retain sole jurisdiction over the provision of7 these requirements.8 SECTION 49 COMPACT PRIVILEGE10 A. To exercise the privilege to practice under the terms and provisions11 of the compact, the licensee shall:12 1. Satisfy one (1) of the following:13 a. Hold a valid current registration that gives the applicant the14 right to use the term "registered dietitian"; or15 b. Complete all of the following:16 i. An education program that is either:17 (a) A master's degree or doctoral degree that is pro-18 grammatically accredited by (i) ACEND; or (ii) a di-19 etetics accrediting agency recognized by the United20 States department of education, which the compact com-21 mission may by rule determine, and from a college or22 university accredited at the time of graduation by the23 appropriate regional accrediting agency recognized by24 the council on higher education accreditation and the25 United States department of education; or26 (b) An academic degree from a college or university in27 a foreign country equivalent to the degree described28 in subparagraph b.i.(a) of this paragraph that is29 programmatically accredited by ACEND or a dietetics30 accrediting agency recognized by the United States de-31 partment of education, which the compact commission32 may by rule determine;33 ii. A planned, documented, supervised practice experience34 in dietetics that is programmatically accredited by (i)35 ACEND; or (ii) a dietetics accrediting agency recognized by36 the United States department of education, which the compact37 commission may by rule determine and which involves at least38 one thousand (1,000) hours of practice experience under the39 supervision of a registered dietitian or a licensed dieti-40 tian; and41 iii. Either: (i) the registration examination for dieti-42 tians administered by CDR; or (ii) a national credentialing43 examination for dietitians approved by the compact commis-44 sion by rule. Such completion may be no more than five (5)45 years prior to the date of the licensee's application for46 initial licensure and accompanied by a period of continuous47

6 licensure thereafter, all of which may be further governed1 by the rules of the compact commission.2 2. Hold an unencumbered license in the home state;3 3. Notify the compact commission that the licensee is seeking a compact4 privilege within a remote state;5 4. Pay any applicable fees, including any state fee, for the compact6 privilege;7 5. Meet any jurisprudence requirements established by the remote state8 in which the licensee is seeking a compact privilege; and9 6. Report to the compact commission any adverse action, encumbrance,10 or restriction on a license taken by any non-member state within thirty11 (30) days from the date the action is taken.12 B. The compact privilege is valid until the expiration date of the home13 state license. To maintain a compact privilege, renewal of the compact priv-14 ilege shall be congruent with the renewal of the home state license as the15 compact commission may define by rule. The licensee must comply with the re-16 quirements of subsection A. of this section to maintain the compact privi-17 lege in the remote state.18 C. A licensee exercising a compact privilege shall adhere to the laws19 and regulations of the remote state. Licensees shall be responsible for edu-20 cating themselves on, and complying with, any and all state laws relating to21 the practice of dietetics in such remote state.22 D. Notwithstanding anything to the contrary provided in this compact or23 state law, a licensee exercising a compact privilege shall not be required24 to complete continuing education requirements required by a remote state. A25 licensee exercising a compact privilege is only required to meet any contin-26 uing education requirements as required by the home state.27 SECTION 528 OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT PRIVILEGE29 A. A licensee may hold a home state license, which allows for a compact30 privilege in other member states, in only one (1) member state at a time.31 B. If a licensee changes home state by moving between two (2) member32 states:33 1. The licensee shall file an application for obtaining a new home state34 license based on a compact privilege, pay all applicable fees, and no-35 tify the current and new home state in accordance with the rules of the36 compact commission.37 2. Upon receipt of an application for obtaining a new home state license38 by virtue of a compact privilege, the new home state shall verify that39 the licensee meets the criteria in section 4 of this compact via the data40 system and require that the licensee complete the following:41 a. Federal bureau of investigation fingerprint-based criminal42 history record information check;43 b. Any other criminal history record information required by the44 new home state; and45 c. Any jurisprudence requirements of the new home state.46 3. The former home state shall convert the former home state license47 into a compact privilege once the new home state has activated the new48

7 home state license in accordance with applicable rules adopted by the1 compact commission.2 4. Notwithstanding any other provision of this compact, if the licensee3 cannot meet the criteria in section 4 of this compact, the new home state4 may apply its requirements for issuing a new single state license.5 5. The licensee shall pay all applicable fees to the new home state in6 order to be issued a new home state license.7 C. If a licensee changes state of residence by moving from a member8 state to a non-member state, or from a non-member state to a member state, the9 state criteria shall apply for issuance of a single state license in the new10 state.11 D. Nothing in this compact shall interfere with a licensee's ability to12 hold a single state license in multiple states; however, for the purposes of13 this compact, a licensee shall have only one (1) home state license.14 E. Nothing in this compact shall affect the requirements established by15 a member state for the issuance of a single state license.16 SECTION 617 ACTIVE DUTY MILITARY MEMBERS OR THEIR SPOUSES18 An active military member, or the member's spouse, shall designate a19 home state where the individual has a current license in good standing. The20 individual may retain the home state designation during the period the ser-21 vice member is on active duty.22 SECTION 723 ADVERSE ACTIONS24 A. In addition to the other powers conferred by state law, a remote25 state shall have the authority, in accordance with existing state due26 process law, to:27 1. Take adverse action against a licensee's compact privilege within28 that member state; and29 2. Issue subpoenas for both hearings and investigations that require30 the attendance and testimony of witnesses as well as the production of31 evidence. Subpoenas issued by a licensing authority in a member state32 for the attendance and testimony of witnesses or the production of ev-33 idence from another member state shall be enforced in the latter state34 by any court of competent jurisdiction, according to the practice and35 procedure applicable to subpoenas issued in proceedings pending before36 that court. The issuing authority shall pay any witness fees, travel37 expenses, mileage, and other fees required by the service statutes of38 the state in which the witnesses or evidence are located.39 B. Only the home state shall have the power to take adverse action40 against a licensee's home state license.41 C. For purposes of taking adverse action, the home state shall give the42 same priority and effect to reported conduct received from a member state as43 it would if the conduct had occurred within the home state. In so doing, the44 home state shall apply its own state laws to determine appropriate action.45

8 D. The home state shall complete any pending investigations of a li-1 censee who changes home states during the course of the investigations. The2 home state shall also have authority to take appropriate actions and shall3 promptly report the conclusions of the investigations to the administrator4 of the data system. The administrator of the data system shall promptly no-5 tify the new home state of any adverse actions.6 E. A member state, if otherwise permitted by state law, may recover from7 the affected licensee the costs of investigations and dispositions of cases8 resulting from any adverse action taken against that licensee.9 F. A member state may take adverse action based on the factual findings10 of another remote state, provided that the member state follows its own pro-11 cedures for taking the adverse action.12 G. Joint investigations:13 1. In addition to the authority granted to a member state by its re-14 spective state law, any member state may participate with other member15 states in joint investigations of licensees.16 2. Member states shall share any investigative, litigation, or compli-17 ance materials in furtherance of any joint investigation initiated un-18 der the compact.19 H. If adverse action is taken by the home state against a licensee's20 home state license resulting in an encumbrance on the home state license,21 the licensee's compact privilege in all other member states shall be revoked22 until all encumbrances have been removed from the home state license. All23 home state disciplinary orders that impose adverse action against a licensee24 shall include a statement that the licensee's compact privileges are revoked25 in all member states during the pendency of the order.26 I. Once an encumbered license in the home state is restored to an unen-27 cumbered license, as certified by the home state's licensing authority, the28 licensee must meet the requirements of section 4A. of this compact and follow29 the administrative requirements to reapply to obtain a compact privilege in30 any remote state.31 J. If a member state takes adverse action, it shall promptly notify the32 administrator of the data system. The administrator of the data system shall33 promptly notify the other member states of any adverse actions.34 K. Nothing in this compact shall override a member state's decision35 that participation in an alternative program may be used in lieu of adverse36 action.37 SECTION 838 ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT COMMISSION39 A. The compact member states hereby create and establish a joint gov-40 ernment agency whose membership consists of all member states that have41 enacted the compact known as the dietitian licensure compact commission.42 The compact commission is an instrumentality of the compact states acting43 jointly and not an instrumentality of any one (1) state. The compact commis-44 sion shall come into existence on or after the effective date of the compact45 as set forth in section 12 of this compact.46 B. Membership, voting, and meetings:47

9 1. Each member state shall have and be limited to one (1) delegate se-1 lected by that member state's licensing authority.2 2. The delegate shall be the primary administrator of the licensing au-3 thority or the administrator's designee.4 3. The compact commission shall by rule or bylaw establish a term of of-5 fice for delegates and may by rule or bylaw establish term limits.6 4. The compact commission may recommend removal or suspension of any7 delegate from office.8 5. A member state's licensing authority shall fill any vacancy of its9 delegate occurring on the compact commission within sixty (60) days of10 the vacancy.11 6. Each delegate shall be entitled to one (1) vote on all matters before12 the compact commission requiring a vote by the delegates.13 7. Delegates shall meet and vote by such means as set forth in the by-14 laws. The bylaws may provide for delegates to meet and vote in person15 or by telecommunication, video conference, or other means of communica-16 tion.17 8. The compact commission shall meet at least once during each calendar18 year. Additional meetings may be held as set forth in the bylaws. The19 compact commission may meet in person or by telecommunication, video20 conference, or other means of communication.21 C. The compact commission shall have the following powers:22 1. Establish the fiscal year of the commission;23 2. Establish code of conduct and conflict of interest policies;24 3. Establish and amend rules and bylaws;25 4. Maintain its financial records in accordance with the bylaws;26 5. Meet and take such actions as are consistent with the provisions of27 this compact, the compact commission's rules, and the bylaws;28 6. Initiate and conclude legal proceedings or actions in the name of the29 compact commission, provided that the standing of any licensing author-30 ity to sue or be sued under applicable law shall not be affected;31 7. Maintain and certify records and information provided to a member32 state as the authenticated business records of the compact commission33 and designate an agent to do so on the compact commission's behalf;34 8. Purchase and maintain insurance and bonds;35 9. Borrow, accept, or contract for services of personnel, including but36 not limited to employees of a member state;37 10. Conduct an annual financial review;38 11. Hire employees, elect or appoint officers, fix compensation, define39 duties, grant such individuals appropriate authority to carry out the40 purposes of the compact, and establish the compact commission's person-41 nel policies and programs relating to conflicts of interest, qualifica-42 tions of personnel, and other related personnel matters;43 12. Assess and collect fees;44 13. Accept any and all appropriate donations, grants of money, other45 sources of revenue, equipment, supplies, materials, services, and46 gifts, and receive, utilize, and dispose of the same; provided that at47 all times the compact commission shall avoid any actual or appearance of48 impropriety or conflict of interest;49

10 14. Lease, purchase, retain, own, hold, improve, or use any property,1 real, personal, or mixed, or any undivided interest therein;2 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or other-3 wise dispose of any property real, personal, or mixed;4 16. Establish a budget and make expenditures;5 17. Borrow money;6 18. Appoint committees, including standing committees, composed of7 members, state regulators, state legislators or their representatives,8 and consumer representatives, and such other interested persons as may9 be designated in this compact or the bylaws;10 19. Provide and receive information from, and cooperate with, law en-11 forcement agencies;12 20. Establish and elect an executive committee, including a chair and a13 vice chair;14 21. Determine whether a state's adopted language is materially differ-15 ent from the model compact language such that the state would not qual-16 ify for participation in the compact; and17 22. Perform such other functions as may be necessary or appropriate to18 achieve the purposes of this compact.19 D. The executive committee:20 1. The executive committee shall have the power to act on behalf of the21 compact commission according to the terms of this compact. The powers,22 duties, and responsibilities of the executive committee shall include:23 a. Oversee the day-to-day activities of the administration of the24 compact, including enforcement and compliance with the provisions25 of the compact, its rules and bylaws, and other such duties as26 deemed necessary;27 b. Recommend to the compact commission changes to the rules or by-28 laws, changes to this compact legislation, fees charged to compact29 member states, fees charged to licensees, and other fees;30 c. Ensure compact administration services are appropriately pro-31 vided, including by contract;32 d. Prepare and recommend the budget;33 e. Maintain financial records on behalf of the compact commis-34 sion;35 f. Monitor compact compliance of member states and provide com-36 pliance reports to the compact commission;37 g. Establish additional committees as necessary;38 h. Exercise the powers and duties of the compact commission dur-39 ing the interim between compact commission meetings, except for40 adopting or amending rules, adopting or amending bylaws, and exer-41 cising any other powers and duties expressly reserved to the com-42 pact commission by rule or bylaw; and43 i. Other duties as provided in the rules or bylaws of the compact44 commission.45 2. The executive committee shall be composed of nine (9) members:46 a. The chair and vice chair of the compact commission shall be vot-47 ing members of the executive committee;48 b. Five (5) voting members from the current membership of the com-49 pact commission, elected by the compact commission;50

11 c. One (1) ex-officio, nonvoting member from a recognized profes-1 sional association representing dietitians; and2 d. One (1) ex-officio, nonvoting member from a recognized na-3 tional credentialing organization for dietitians.4 3. The compact commission may remove any member of the executive com-5 mittee as provided in the compact commission's bylaws.6 4. The executive committee shall meet at least annually.7 a. Executive committee meetings shall be open to the public, ex-8 cept that the executive committee may meet in a closed, non-public9 meeting as provided in subsection F.2. of this section.10 b. The executive committee shall give thirty (30) days' notice of11 its meetings, posted on the website of the compact commission and12 as determined to provide notice to persons with an interest in the13 business of the compact commission.14 c. The executive committee may hold a special meeting in accor-15 dance with subsection F.1.b. of this section.16 E. The compact commission shall adopt and provide to the member states17 an annual report.18 F. Meetings of the compact commission:19 1. All meetings shall be open to the public, except that the compact20 commission may meet in a closed, non-public meeting as provided in para-21 graph 2. of this subsection.22 a. Public notice for all meetings of the full compact commission23 shall be given in the same manner as required under the rulemaking24 provisions in section 10 of this compact, except that the compact25 commission may hold a special meeting as provided in subparagraph26 b. of this paragraph.27 b. The compact commission may hold a special meeting when it must28 meet to conduct emergency business by giving twenty-four (24)29 hours' notice to all member states, on the compact commission's30 website, and other means as provided in the compact commission's31 rules. The compact commission's legal counsel shall certify that32 the compact commission's need to meet qualifies as an emergency.33 2. The compact commission or the executive committee or other commit-34 tees of the compact commission may convene in a closed, non-public meet-35 ing for the compact commission or executive committee or other commit-36 tees of the compact commission to receive legal advice or to discuss:37 a. Non-compliance of a member state with its obligations under the38 compact;39 b. The employment, compensation, discipline, or other matters,40 practices, or procedures related to specific employees;41 c. Current or threatened discipline of a licensee by the compact42 commission or by a member state's licensing authority;43 d. Current, threatened, or reasonably anticipated litigation;44 e. Negotiation of contracts for the purchase, lease, or sale of45 goods, services, or real estate;46 f. Accusing any person of a crime or formally censuring any per-47 son;48 g. Trade secrets or commercial or financial information that is49 privileged or confidential;50

12 h. Information of a personal nature where disclosure would con-1 stitute a clearly unwarranted invasion of personal privacy;2 i. Investigative records compiled for law enforcement purposes;3 j. Information related to any investigative reports prepared by4 or on behalf of or for use of the compact commission or other com-5 mittee charged with responsibility of investigation or determina-6 tion of compliance issues pursuant to the compact;7 k. Matters specifically exempted from disclosure by federal or8 member state law; or9 l. Other matters as specified in the rules of the compact commis-10 sion.11 3. If a meeting, or portion of a meeting, is closed, the presiding offi-12 cer shall state that the meeting will be closed and reference each rel-13 evant exempting provision, and such reference shall be recorded in the14 minutes.15 4. The compact commission shall keep minutes that fully and clearly de-16 scribe all matters discussed in a meeting and shall provide a full and17 accurate summary of actions taken, and the reasons therefore, includ-18 ing a description of the views expressed. All documents considered in19 connection with an action shall be identified in such minutes. All min-20 utes and documents of a closed meeting shall remain under seal, subject21 to release only by a majority vote of the compact commission or order of22 a court of competent jurisdiction.23 G. Financing of the compact commission:24 1. The commission shall pay, or provide for the payment of, the reason-25 able expenses of its establishment, organization, and ongoing activi-26 ties.27 2. The compact commission may accept any and all appropriate revenue28 sources as provided in subsection C.13.29 3. The compact commission may levy on and collect an annual assessment30 from each member state and impose fees on licensees of member states to31 whom it grants a compact privilege to cover the cost of the operations32 and activities of the compact commission and its staff, which must, in a33 total amount, be sufficient to cover its annual budget as approved each34 year for which revenue is not provided by other sources. The aggregate35 annual assessment amount for member states shall be allocated based36 upon a formula that the compact commission shall promulgate by rule.37 4. The compact commission shall not incur obligations of any kind prior38 to securing the funds adequate to meet the same; nor shall the compact39 commission pledge the credit of any of the member states, except by and40 with the authority of the member state.41 5. The compact commission shall keep accurate accounts of all receipts42 and disbursements. The receipts and disbursements of the compact43 commission shall be subject to the financial review and accounting44 procedures established under its bylaws. However, all receipts and45 disbursements of funds handled by the compact commission shall be sub-46 ject to an annual financial review by a certified or licensed public47 accountant, and the report of the financial review shall be included in48 and become part of the annual report of the compact commission.49 H. Qualified immunity, defense, and indemnification:50

13 1. The members, officers, executive director, employees and repre-1 sentatives of the compact commission shall be immune from suit and2 liability, both personally and in their official capacity, for any3 claim for damage to or loss of property or personal injury or other civil4 liability caused by or arising out of any actual or alleged act, error,5 or omission that occurred, or that the person against whom the claim is6 made had a reasonable basis for believing occurred within the scope of7 compact commission employment, duties, or responsibilities; provided8 that nothing in this paragraph shall be construed to protect any such9 person from suit or liability for any damage, loss, injury, or liability10 caused by the intentional or willful or wanton misconduct of that per-11 son. The procurement of insurance of any type by the compact commission12 shall not in any way compromise or limit the immunity granted hereunder.13 2. The compact commission shall defend any member, officer, executive14 director, employee, and representative of the compact commission in15 any civil action seeking to impose liability arising out of any ac-16 tual or alleged act, error, or omission that occurred within the scope17 of compact commission employment, duties, or responsibilities, or as18 determined by the compact commission that the person against whom the19 claim is made had a reasonable basis for believing occurred within the20 scope of compact commission employment, duties, or responsibilities;21 provided that nothing herein shall be construed to prohibit that person22 from retaining their own counsel at their own expense; and provided fur-23 ther, that the actual or alleged act, error, or omission did not result24 from that person's intentional or willful or wanton misconduct.25 3. The compact commission shall indemnify and hold harmless any member,26 officer, executive director, employee, and representative of the com-27 pact commission for the amount of any settlement or judgment obtained28 against that person arising out of any actual or alleged act, error, or29 omission that occurred within the scope of compact commission employ-30 ment, duties, or responsibilities, or that such person had a reason-31 able basis for believing occurred within the scope of compact commis-32 sion employment, duties, or responsibilities, provided that the actual33 or alleged act, error, or omission did not result from the intentional34 or willful or wanton misconduct of that person.35 4. Nothing herein shall be construed as a limitation on the liability of36 any licensee for professional malpractice or misconduct, which shall be37 governed solely by any other applicable state laws.38 5. Nothing in this compact shall be interpreted to waive or otherwise39 abrogate a member state's state action immunity or state action affir-40 mative defense with respect to antitrust claims under the Sherman act,41 Clayton act, or any other state or federal antitrust or anticompetitive42 law or regulation.43 6. Nothing in this compact shall be construed to be a waiver of44 sovereign immunity by the member states or by the compact commission.45 SECTION 946 DATA SYSTEM47

14 A. The compact commission shall provide for the development, mainte-1 nance, operation, and utilization of a coordinated data system.2 B. The compact commission shall assign each applicant for a compact3 privilege a unique identifier, as determined by the rules.4 C. Notwithstanding any other provision of state law to the contrary, a5 member state shall submit a uniform data set to the data system on all indi-6 viduals to whom this compact is applicable as required by the rules of the7 compact commission, including:8 1. Identifying information;9 2. Licensure data;10 3. Adverse actions against a license or compact privilege to practice11 and information related to any such adverse actions;12 4. Non-confidential information related to alternative program par-13 ticipation, the beginning and ending dates of such participation, and14 other information related to such participation not made confidential15 under member state law;16 5. Any denial of application for licensure and the reason for such de-17 nial;18 6. Current significant investigative information; and19 7. Other information that may facilitate the administration of this20 compact or the protection of the public, as determined by the rules of21 the compact commission.22 D. The records and information provided to a member state pursuant to23 this compact or through the data system, when certified by the compact com-24 mission or an agent thereof, shall constitute the authenticated business25 records of the compact commission, and shall be entitled to any associated26 hearsay exception in any relevant judicial, quasi-judicial, or administra-27 tive proceedings in a member state.28 E. Current significant investigative information pertaining to a li-29 censee in any member state will only be available to other member states.30 F. It is the responsibility of the member states to report any adverse31 action against a licensee and to monitor the data system to determine whether32 any adverse action has been taken against a licensee. Adverse action infor-33 mation pertaining to a licensee in any member state will be available to any34 other member state.35 G. Member states contributing information to the data system may desig-36 nate information that may not be shared with the public without the express37 permission of the contributing state.38 H. Any information submitted to the data system that is subsequently39 expunged pursuant to federal law or the laws of the member state contributing40 the information shall be removed from the data system.41 SECTION 1042 RULEMAKING43 A. The compact commission shall promulgate reasonable rules in order to44 effectively and efficiently implement and administer the purposes and pro-45 visions of the compact. A rule shall be invalid and have no force or effect46 only if a court of competent jurisdiction holds that the rule is invalid be-47 cause the compact commission exercised its rulemaking authority in a manner48

15 that is beyond the scope and purposes of the compact, or the powers granted1 hereunder, or based upon another applicable standard of review.2 B. The rules of the compact commission shall have the force of law in3 each member state, provided however that where the rules conflict with the4 laws or regulations of a member state that relate to the procedures, actions,5 and processes a licensed dietitian is permitted to undertake in that state6 and the circumstances under which the licensed dietitian may do so, as held7 by a court of competent jurisdiction, the rules of the compact commission8 shall be ineffective in that state to the extent of the conflict.9 C. The compact commission shall exercise its rulemaking powers pur-10 suant to the criteria set forth in this section and the rules adopted there-11 under. Rules shall become binding on the day following adoption or as of the12 date specified in the rule or amendment, whichever is later.13 D. If a majority of the legislatures of the member states rejects a rule14 or portion of a rule, by enactment of a statute or resolution in the same man-15 ner used to adopt the compact within four (4) years of the date of adoption of16 the rule, then such rule shall have no further force and effect in any member17 state.18 E. Rules shall be adopted at a regular or special meeting of the compact19 commission.20 F. Prior to adoption of a proposed rule, the compact commission shall21 hold a public hearing and allow persons to provide oral and written comments,22 data, facts, opinions, and arguments.23 G. Prior to adoption of a proposed rule by the compact commission, and24 at least thirty (30) days in advance of the meeting at which the compact com-25 mission will hold a public hearing on the proposed rule, the compact commis-26 sion shall provide a notice of proposed rulemaking:27 1. On the website of the compact commission or other publicly accessi-28 ble platform;29 2. To persons who have requested notice of the compact commission's no-30 tices of proposed rulemaking; and31 3. In such other ways as the compact commission may by rule specify.32 H. The notice of proposed rulemaking shall include:33 1. The time, date, and location of the public hearing at which the com-34 pact commission will hear public comments on the proposed rule and, if35 different, the time, date, and location of the meeting where the compact36 commission will consider and vote on the proposed rule;37 2. If the hearing is held via telecommunication, video conference, or38 other means of communication, the mechanism for access to the hearing;39 3. The text of the proposed rule and the reason therefore;40 4. A request for comments on the proposed rule from any interested per-41 son; and42 5. The manner in which interested persons may submit written comments.43 I. All hearings will be recorded. A copy of the recording and all writ-44 ten comments and documents received by the compact commission in response to45 the proposed rule shall be available to the public.46 J. Nothing in this section shall be construed as requiring a separate47 hearing on each rule. Rules may be grouped for the convenience of the compact48 commission at hearings required by this section.49

16 K. The compact commission shall, by majority vote of all members, take1 final action on the proposed rule based on the rulemaking record and the full2 text of the rule.3 1. The compact commission may adopt changes to the proposed rule pro-4 vided the changes do not enlarge the original purpose of the proposed5 rule.6 2. The compact commission shall provide an explanation of the reasons7 for substantive changes made to the proposed rule as well as reasons for8 substantive changes not made that were recommended by commenters.9 3. The compact commission shall determine a reasonable effective date10 for the rule. Except for an emergency as provided in subsection L. of11 this section, the effective date of the rule shall be no sooner than12 thirty (30) days after issuing the notice that it adopted or amended the13 rule.14 L. Upon determination that an emergency exists, the compact commission15 may consider and adopt an emergency rule with twenty-four (24) hours' no-16 tice, with opportunity to comment, provided that the usual rulemaking pro-17 cedures provided in the compact and in this section shall be retroactively18 applied to the rule as soon as reasonably possible, in no event later than19 ninety (90) days after the effective date of the rule. For the purposes of20 this provision, an emergency rule is one that must be adopted immediately in21 order to:22 1. Meet an imminent threat to public health, safety, or welfare;23 2. Prevent a loss of compact commission or member state funds;24 3. Meet a deadline for the promulgation of a rule that is established by25 federal law or rule; or26 4. Protect public health and safety.27 M. The compact commission or an authorized committee of the compact28 commission may direct revision to a previously adopted rule for purposes of29 correcting typographical errors, errors in format, errors in consistency,30 or grammatical errors. Public notice of any revision shall be posted on31 the website of the compact commission. The revision shall be subject to32 challenge by any person for a period of thirty (30) days after posting. The33 revision may be challenged only on grounds that the revision results in a34 material change to a rule. A challenge shall be made in writing and deliv-35 ered to the compact commission prior to the end of the notice period. If no36 challenge is made, the revision will take effect without further action.37 If the revision is challenged, the revision may not take effect without the38 approval of the compact commission.39 N. No member state's rulemaking requirements shall apply under this40 compact.41 SECTION 1142 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT43 A. Oversight:44 1. The executive and judicial branches of state government in each mem-45 ber state shall enforce this compact and take all actions necessary and46 appropriate to implement this compact.47

17 2. Except as otherwise provided in this compact, venue is proper and1 judicial proceedings by or against the compact commission shall be2 brought solely and exclusively in a court of competent jurisdiction3 where the principal office of the compact commission is located. The4 compact commission may waive venue and jurisdictional defenses to the5 extent it adopts or consents to participate in alternative dispute6 resolution proceedings. Nothing herein shall affect or limit the se-7 lection or propriety of venue in any action against a licensee for8 professional malpractice, misconduct, or any such similar matter.9 3. The compact commission shall be entitled to receive service of10 process in any proceeding regarding the enforcement or interpretation11 of the compact and shall have standing to intervene in such a proceeding12 for all purposes. Failure to provide the compact commission service of13 process shall render a judgment or order void as to the compact commis-14 sion, this compact, or promulgated rules.15 B. Default, technical assistance, and termination:16 1. If the compact commission determines that a member state has de-17 faulted in the performance of its obligations or responsibilities under18 this compact or the promulgated rules, the compact commission shall19 provide written notice to the defaulting state. The notice of default20 shall describe the default, the proposed means of curing the default,21 and any other action that the compact commission may take and shall of-22 fer training and specific technical assistance regarding the default.23 2. The compact commission shall provide a copy of the notice of default24 to the other member states.25 C. If a state in default fails to cure the default, the defaulting state26 may be terminated from the compact upon an affirmative vote of a majority of27 the delegates of the member states, and all rights, privileges, and benefits28 conferred on that state by this compact may be terminated on the effective29 date of termination. A cure of the default does not relieve the offending30 state of obligations or liabilities incurred during the period of default.31 D. Termination of membership in the compact shall be imposed only after32 all other means of securing compliance have been exhausted. Notice of in-33 tent to suspend or terminate shall be given by the compact commission to the34 governor, the majority and minority leaders of the defaulting state's legis-35 lature, the defaulting state's licensing authority, and each of the member36 states' licensing authority.37 E. A state that has been terminated is responsible for all assessments,38 obligations, and liabilities incurred through the effective date of termi-39 nation, including obligations that extend beyond the effective date of ter-40 mination.41 F. Upon the termination of a state's membership from this compact, that42 state shall immediately provide notice to all licensees within that state43 of such termination. The terminated state shall continue to recognize all44 compact privileges granted pursuant to this compact for a minimum of six (6)45 months after the date of said notice of termination.46 G. The compact commission shall not bear any costs related to a state47 that is found to be in default or that has been terminated from the compact,48 unless agreed upon in writing between the compact commission and the de-49 faulting state.50

18 H. The defaulting state may appeal the action of the compact commission1 by petitioning the United States district court for the District of Columbia2 or the federal district where the compact commission has its principal of-3 fices. The prevailing party shall be awarded all costs of such litigation,4 including reasonable attorney's fees.5 I. Dispute resolution:6 1. Upon request by a member state, the compact commission shall at-7 tempt to resolve disputes related to the compact that arise among member8 states and between member and non-member states.9 2. The compact commission shall promulgate a rule providing for both10 mediation and binding dispute resolution for disputes as appropriate.11 J. Enforcement:12 1. By supermajority vote, the compact commission may initiate legal13 action against a member state in default in the United States district14 court for the District of Columbia or the federal district where the15 compact commission has its principal offices to enforce compliance with16 the provisions of the compact and its promulgated rules. The relief17 sought may include both injunctive relief and damages. In the event ju-18 dicial enforcement is necessary, the prevailing party shall be awarded19 all costs of such litigation, including reasonable attorney's fees.20 The remedies herein shall not be the exclusive remedies of the com-21 pact commission. The compact commission may pursue any other remedies22 available under federal or the defaulting member state's law.23 2. A member state may initiate legal action against the compact commis-24 sion in the United States district court for the District of Columbia or25 the federal district where the compact commission has its principal of-26 fices to enforce compliance with the provisions of the compact and its27 promulgated rules. The relief sought may include both injunctive re-28 lief and damages. In the event judicial enforcement is necessary, the29 prevailing party shall be awarded all costs of such litigation, includ-30 ing reasonable attorney's fees.31 3. No party other than a member state shall enforce this compact against32 the compact commission.33 SECTION 1234 EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT35 A. The compact shall come into effect on the date on which the compact36 statute is enacted into law in the seventh member state.37 1. On or after the effective date of the compact, the compact commis-38 sion shall convene and review the enactment of each of the first seven39 (7) member states (charter member states) to determine if the statute40 enacted by each such charter member state is materially different than41 the model compact statute.42 a. A charter member state whose enactment is found to be materi-43 ally different from the model compact statute shall be entitled to44 the default process set forth in section 11 of this compact.45 b. If any member state is later found to be in default, or is termi-46 nated, or withdraws from the compact, the compact commission shall47

19 remain in existence and the compact shall remain in effect even if1 the number of member states should be less than seven (7).2 2. Member states enacting the compact subsequent to the seven (7) ini-3 tial charter member states shall be subject to the process set forth in4

section 8.C.21. to determine if their enactments are materially dif-5 ferent from the model compact statute and whether they qualify for par-6 ticipation in the compact.7 3. All actions taken for the benefit of the compact commission or in8 furtherance of the purposes of the administration of the compact prior9 to the effective date of the compact or the compact commission coming10 into existence shall be considered to be actions of the compact commis-11 sion unless specifically repudiated by the compact commission.12 4. Any state that joins the compact subsequent to the compact commis-13 sion's initial adoption of the rules and bylaws shall be subject to the14 rules and bylaws as they exist on the date on which the compact becomes15 law in that state. Any rule that has been previously adopted by the com-16 pact commission shall have the full force and effect of law on the day17 the compact becomes law in that state.18 B. Any member state may withdraw from this compact by enacting a statute19 repealing the same.20 1. A member state's withdrawal shall not take effect until one hundred21 eighty (180) days after enactment of the repealing statute.22 2. Withdrawal shall not affect the continuing requirement of the with-23 drawing state's licensing authority to comply with the investigative24 and adverse action reporting requirements of this compact prior to the25 effective date of withdrawal.26 3. Upon the enactment of a statute withdrawing from this compact, a27 state shall immediately provide notice of such withdrawal to all li-28 censees within that state. Notwithstanding any subsequent statutory29 enactment to the contrary, such withdrawing state shall continue to30 recognize all compact privileges granted pursuant to this compact for a31 minimum of one hundred eighty (180) days after the date of such notice of32 withdrawal.33 C. Nothing contained in this compact shall be construed to invalidate34 or prevent any licensure agreement or other cooperative arrangement between35 a member state and a non-member state that does not conflict with the provi-36 sions of this compact.37 D. This compact may be amended by the member states. No amendment to38 this compact shall become effective and binding upon any member state until39 it is enacted into the laws of all member states.40 SECTION 1341 CONSTRUCTION AND SEVERABILITY42 A. This compact and the compact commission's rulemaking authority43 shall be liberally construed so as to effectuate the purposes and the im-44 plementation and administration of the compact. Provisions of the compact45 expressly authorizing or requiring the promulgation of rules shall not be46 construed to limit the compact commission's rulemaking authority solely for47 those purposes.48

20 B. The provisions of this compact shall be severable and if any phrase,1 clause, sentence, or provision of this compact is held by a court of compe-2 tent jurisdiction to be contrary to the constitution of any member state, a3 state seeking participation in the compact, or of the United States, or the4 applicability thereof to any government, agency, person, or circumstance5 is held to be unconstitutional by a court of competent jurisdiction, the6 validity of the remainder of this compact and the applicability thereof to7 any other government, agency, person, or circumstance shall not be affected8 thereby.9 C. Notwithstanding subsection B. of this section, the compact commis-10 sion may deny a state's participation in the compact or, in accordance with11 the requirements of section 11.B., terminate a member state's participation12 in the compact, if it determines that a constitutional requirement of a mem-13 ber state is a material departure from the compact. Otherwise, if this com-14 pact shall be held to be contrary to the constitution of any member state,15 the compact shall remain in full force and effect as to the remaining member16 states and in full force and effect as to the member state affected as to all17 severable matters.18 SECTION 1419 CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS20 A. Nothing herein shall prevent or inhibit the enforcement of any other21 law of a member state that is not inconsistent with the compact.22 B. Any laws, statutes, regulations, or other legal requirements in a23 member state in conflict with the compact are superseded to the extent of the24 conflict.25 C. All permissible agreements between the compact commission and the26 member states are binding in accordance with their terms.27

SECTION 2. An emergency existing therefor, which emergency is hereby28 declared to exist, this act shall be in full force and effect on and after29 July 1, 2026.30